Enforcement overkill

In order to protect dolphins in Bay County, must we go swimming with federal sharks?

In order to protect dolphins in Bay County, must we go swimming with federal sharks?

As reported Monday by The News Herald’s Valerie Garman, three Bay County tour boat companies are facing fines for unlawfully feeding wild dolphins in violation of the federal Marine Mammal Protection Act. Two companies each are facing $5,000 fines. The third is charged with two violations totaling $10,000.

That’s not chump change. The methods used to charge defenders, and the size of the criminal catch, call into question whether the ends justify the means.

Dolphins are cute, intelligent and usually friendly creatures that make regular appearances in Bay County waters. It’s therefore no surprise that commercial boats that offer interactions with dolphins are popular tourist attractions; there are an estimated 25 dolphin tour boats operating locally.

Alas, many humans feel compelled to feed wildlife, be it bears, ducks or dolphins. Some do it to attract the creatures so they can get a closer look, take a picture or interact with them. Others offer food because they think the animals will enjoy it. However, that can do more harm than good. In the case of the marine mammals, the vittles can make them dependent on humans for their food, eroding their natural hunting instincts. Also, regular feeding can lure them to boats, where they can be injured or killed if struck by propellers or caught in fishing lines.

People are ignorant of those facts. They need to be educated.

But there’s always somebody who refuses to learn or obey, hence the federal law criminalizing dolphin feeding.

In recent decades this area has gained a reputation as being especially egregious violator of do-not-feed rule. In April the Florida Fish and Wildlife Conservation Commission announced it would spend $10,000 this summer to plant undercover officers on tour boats to see whether or not operators are following the law.

Undercover officers? We’ve gone from the war on drugs to the war on dolphin munchies. If that doesn’t work, perhaps SWAT teams could be deployed to really drive the point home.

Then there’s the issue of immediacy. According to Capt. Andy Redmond, owner of the Sea Screamer, the tour boat fined $10,000, his alleged violations occurred in July 2011 and August 2012 (Redmond disputes the charges). Why is the government citing incidents that occurred as much as two years ago? Officials said it is not unusual to take that long to conclude an investigation and file federal charges. Over feeding an animal? That would seem to be difficult to defend against, given the number of excursions a tour boat makes over that time.

It’s like charging you with a moving violation two years ago. Remember what your speed was at 3:22 p.m. on July 22, 2011?

Finally, are these the only citations since 2011? For an area that has been branded a “hot spot” for unlawful dolphin feeding, three violations in two years doesn’t sound like a crime wave necessitating a crackdown.

Dolphins should not be abused, and feeding them human food is a careless act that should be discouraged. But this seems a case of the enforcement methods exceeding the crime — we’re talking about feeding dolphins, not catching or killing them.